No. 21-8085

Frank Jarvis Atwood v. Arizona

Lower Court: Arizona
Docketed: 2022-06-08
Status: Denied
Type: IFP
IFP
Tags: brady-v-maryland brady-violation constitutional-rights due-process exculpatory-evidence material-evidence material-exculpatory-evidence materiality-analysis prosecutorial-misconduct third-party-culpability
Key Terms:
DueProcess HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

1. Did the State withhold material exculpatory evidence of a tip received by law enforcement independently linking a known third-party suspect to the case, in violation of Brady v. Maryland, 373 U.S. 83 (1963)?

2. In conducting a materiality analysis under Brady v. Maryland, 373 U.S. 83 (1963), in a case where the suppressed evidence concerns a third-party culpability defense that was presented at trial, must courts evaluate the case in light of all of the evidence as a whole, or may it treat any further evidence in support of a defense already presented as cumulative?

Question Presented (AI Summary)

Did the State withhold material exculpatory evidence in violation of Brady v. Maryland?

Docket Entries

2022-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2022-06-08
Application (21A801) for a stay of execution of sentence of death, submitted to Justice Kagan.
2022-06-08
Application (21A801) referred to the Court.
2022-06-08
Petition DENIED.
2022-06-08
Application (21A801) for stay of execution of sentence of death presented to Justice Kagan and by her referred to the Court is denied.
2022-06-08
Brief of respondent State of Arizona in opposition filed.
2022-06-08
Response to application from respondent State of Arizona filed.
2022-06-08
Reply of petitioner Frank Atwood filed.
2022-06-08
Reply of applicant Frank Atwood filed.

Attorneys

Frank Atwood
Amy Pickering KnightKnight Law Firm, PC, Petitioner
State of Arizona
Jeffrey Lee SparksArizona Attorney General, Respondent